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RECIPE FOR MURDER
Researched and Transcribed
By Sue Rekkas
The Davenport Democrat, Wednesday, October 6, 1875, page 1.
MURDER AT LECLAIRE
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A Quarrel Between two River Men, Which ends in the Murder of one of Them.
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A couple of river men, named respectively James Russell and Charles Herman,
both of whom reside in Le Claire, were in this city Tuesday, and it is believed
were on a little spree together. Both took passage on the Red Wing, which left
here for the north, about noon the same day. During the trip up they both got
into a quarrel, and a short time before the boat landed at Le Claire, their
quarrel culminated in Herman sticking Russell in the face. When the men went
ashore at Le Claire, about 7 o’clock, Herman proceeded to the Galt House, took a
chair on the porch and went to sleep, and Russell soon after reached the hotel,
and went up to his room but returned to the porch where Herman was very soon
afterwards. How the scuffle that ensued commenced, no one appears to know at
present, or who was the attacking party, the first intimation of it to Mr. Galt
and others in the hotel was hearing the report of a pistol shot, and a voice
saying, “I’ll shoot you now,” followed by another pistol shot. These shots soon
attracted a crowd to the scene of the scuffle on the porch, where Russell was
seen lying, and Herman with a pistol in his hand pointing right at him. As soon
as the latter saw Mr. Galt come to the door he started and went down street.
Russell was then picked up and borne into the hotel, when it was found that he
was dead. Dr. Gamble was immediately sent for, who examined the wound, and it
was found that he was shot though the neck--the jugular vein being severed.
When picked up, the blood was pouring from him in a stream and running off the
porch on to the sidewalk.
Officer Van Duzer soon after arrested Herman on the street, who was also
wounded, a pistol shot having taken effect in the nose, the ball going
downwards. The wound was probed, but the ball had not been found up to the last
accounts. When arrested, Herman said to the officer, “When you shoot a man,
shoot him dead!”
Russell had been employed as a cook on the raft steamer Le Claire Belle, was
well known on the river, and had resided for sixteen years in Le Claire, and is
spoken of as a quiet, peaceful man.
Herman was cook on the raft steamer, Van Sant, and made his home for the past
season or two in Le Claire.
When arrested he had a pistol on his person, with two empty chambers. No
pistol was found on the person of Russell, and there seems to be a mystery
connected with the shooting of Herman--whether he accidentally shot himself, or
whether the pistol belonged to Russell and he fired the first shot, and then the
pistol was taken from him by Herman. Some incline to the later opinion. Coroner
Grant was notified of the affair last night, and went to Le Claire this morning
to hold an inquest.
(Note-the spelling is kept the way it was written.)
The Davenport Daily Gazette, Wednesday Morning, October 6, 1875, page 4.
A DEADLY DEED.
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Fatal Quarrel in Le Claire.
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One Man Killed Instantly-The Slayer Wounded.
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When the steamer Red Wing put out from this port for the north yesterday noon,
she had two passengers named James Russell and Charles Herman, who went on board
here, ticketed for LeClaire, where they were residing. Herman had been cook all
season on the raft steamer Van Sant, and Russell was cook on the raft steamer
LeClaire Belle until about four weeks ago when he left and took board at the
Galt House. It is believed both had been drinking in Davenport--at any rate,
they had a quarrel on the Red Wing just before they landed at LeClaire, and
Herman slapped Russell in the mouth. They left the steamer separately . Herman
went into Hitchcock’s salon, drank a glass of beer, went on up to the Galt
House, took a chair on the front porch and fell asleep. Russell called at
Hitchcock’s twenty minutes after Herman did, and also took a glass of beer and
walked to the Galt House, to his room upstairs but came right down and went on
the porch.
This was about half past six o’clock.
Soon Mr. Galt and others in the house heard a scuffle on the porch, followed
by a pistol shot. Then a voice said,
“I’LL SHOOT YOU NOW,”
and another report was heard. Mr. Galt stepped to the front door. There was
Herman on the porch with revolver in hand, pointing right to the door, and
muttering a threat, while Russell lay right along the front of the still.
Herman turned, when he saw Mr. Galt, and went down the street. Mr. Galt stooped
to Russell, and saw the blood running from him in a stream, and flowing across
the porch; he felt of the prostrate man, and found that
HE WAS DEAD.
Other parties came out, and the corpse was borne into the house. Dr. Gamble
was sent for, and it was found that Russell had been shot through the neck, the
jugular vein being severed.
Officer Van Duzer was called, and he soon found Herman on the street and
arrested him. He was
COVERED WITH BLOOD
and it was still flowing from a wound in his nose, just between the eyes. Dr.
Gamble examined the wound. It had been made by a pistol shot, the ball going
downward. It had not been found when our informant left. All that Herman said
after being caught was when in the doctor’s office, “When you shot a man, shoot
him dead.”
BOTH PARTIES
to the deadly affray were single white men. Russell was well known on the upper
river, having been employed on steamboats for sixteen years. He has made Le
Claire his home when not thus engaged, for several years. He was about thirty
years of age. He was a quiet, peaceful man, and was well liked in Le Claire.
Herman is not considered a resident of Le Claire, but has been stopping there
now and then during the season.
Of course the town was very much excited last evening.
NOBODY SAW THE AFFRAY,
nobody knows the cause. All that is known is that a citizen has been killed.
No revolver was found on Russell, but Herman had one with two chambers
discharged: Did Russell shoot Herman first, and have the revolver taken from
him and get shot in return? That was the supposition last night.
John Morrison and Jacob Berger came to Davenport in the night for Coroner
Grant, who will go to Le Claire this morning to hold an inquest.
Davenport Daily Gazette, Thursday morning, October 7, 1875, page 4.
THE MURDER.
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The Coroner’s Inquest.
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All About the Affray and Death.
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The Murderer’s Statement.
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Verdict of the Jury.
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Yesterday morning Coroner Grant went to Le Claire and held an inquest over the
body of James Russell, an account of whose death, on Tuesday evening, at the
hands of Charles Herman, was given in yesterday’s Gazette. And the testimony
showed that Gazette’s report was correct in the main, the only point of
difference being in the fact that Herman contradicted his assertion, made after
his arrest, that Russell shot him first.
The Coroner’s jury was composed of three prominent citizens of Le Claire--W.
B. Hall, C. C. Applegate and Laurel Summers.
The inquest was held at the Gault House, where Russell’s body was lying. The
room was crowded, and a large number of people gathered about the hotel.
THE TESTIMONY
was listened to with a great deal of interest.
The first witness was W. F. Gault; proprietor of the Gault House. He
testified that Russell had boarded with him about a month; that he left for
Davenport Tuesday morning, and returned in the evening, on the streamer Red
Wing; that Herman came to the house at 6 p. m., and went to sleep on the porch,
witness supposing him drunk; he said he wanted no supper, and would rather
sleep, but was not ready to go to bed. Russell had been there, and returned in
about twenty minutes. About 6:30 witness heard a pistol shot which seemed to be
on his porch, and in a few seconds heard another. There was a little noise on
the porch, and he opened the dorr and Russell was lying across the still.
Herman was standing against a post on the porch, with a revolver in his hand.
Witness told him he had better put up his revolver. Herman said, “He struck me
first, and I shot him“ Marshall Van Duzer appeared now, and arrested Herman.
J. Davenport, who keeps a saloon in Le Claire, testified that he came up
from Davenport on the Red wing on Tuesday, and Herman and Russell were on the
steamer intoxicated. They had a quarrel, and were talking about cooking.
(Both had been cooks on the river.) Witness saw Herman strike Russell in
the mouth with his flat hand, and Russell kicked him. Captain Haight interfered
and stopped them, but before arrival at LeClaire, the quarrel and blows were
repeated. The two had played cards on the boat with a couple of other men, but
there was no quarrel then.
Captain Sam Van Sant testified that he was a passenger on the Red Wing; that
both were drunk, and were constantly engaged in talking about cooking, but
observed no bad feeling between them while they were playing cards. They played
for the drinks.
Dr. McCleery testified as to seeing Russell’s body, and described the wound.
George Williams said he heard Russell say, in Hitchcock’s saloon, between 6
and 7 Tuesday evening, that he would “be even with that man that struck him, if
it cost him his life.” Russell drank a glass of beer there.
Sam R. Hitchcock testified as to Russell’s calling at his saloon. Russell
said a man struck him in the mouth on the boat, and he would have his
satisfaction.
Marshal Van Duzer testified as to Herman’s arrest. He was hurt, and said he
was shot by Russell and then shot Russell. Herman said he had made his will.
He was out of his head.
Charles Lillabage testified that he saw Russell before he was shot, and he
said a --- --- - ----- struck him in the mouth, and he would get even with him.
Witness found $20 in Russell’s pockets.
D. A. Gault testified that after the firing he found two pieces of brick on
the porch, about 1 ¼ inches thick.
HERMAN’S OWN STATEMENT
before the Coroner will be read with interest. It was as follows:
Charles Herman, sworn: I am aged 23; live at St. Louis; father and mother are
from Switzerland; mother living in Missouri; I have known James Russell about
four years; known him intimately for two years; up to this time I have been cook
on the steamer Van Sant; left Davenport for this place yesterday; James Russell
and I came up here on the Red Wing as passengers; we had a quarrel about
cooking; he said he was the best cook on the river; I laughed at him, and he hit
me with his fist and kicked me; I returned the blow with my hand, striking him
in the mouth; the barkeeper and Capt. Hight parted us, and we all drank
together, and we had not more trouble on the boat.
After we landed I came to the Gault House--put my carpet sack away or rather
handed it to Mr. Gault, and then went out on the porch and sat down in a chair.
I was about half asleep and in about 15 minutes Russell came up and struck me
with a brick or rock, I should judge, which knocked me off the chair, and struck
me again after I fell. As soon as I could pull my pistol from my pocket, he
standing near me, I shot him. He at once started to run and I arose and shot
him again, and he fell in the doorway. Neither of us said a word during the
whole time. I gave myself up to the Marshall when he arrived and came up to
me. I thought he was going to kill me, and I killed him to prevent it. I never
had any trouble with him before. I felt my liquor, but was not drunk--knew what
I was doing. The pistol was a Smith & Wesson 6 shooter.
Herman was unable to write his name, and so made a mark.
THE VERDICT
of the jury was that James Russell came to his death “by a pistol shot in the
neck, severing the carotid artery of the right side, at the hands of Charles
Herman, and feloniously.”
Marshall Van Duzer had Herman in charge, and will bring him to Davenport jail
today.
The theory that Russell shot Herman first is dispelled--Herman did all the
shooting. Russell may have hit him with a brick. He is a large, coarse, heavy
man and has a bloated, repulsive face.
Coroner Grant made search for the ball that killed Russell--opening to the
right carotid artery; but the ball could not be found.
The Davenport Democrat, Thursday, October 7, 1875, page 1.
THE MURDER AT LECLAIRE
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The Coroner’s Inquest-- Herman Held for the Murder--His Statement.
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Coroner Grant proceeded to LeClaire Wednesday morning to hold an inquest over
the body of James Russell, the cook, on the raft steamer LeClaire Belle, who was
shot on Tuesday night on the porch of the Galt House by a man named Charles
Herman, a cook on the steamer Van Sant. The details of the tragedy were given
in the Democrat last evening, and very little additional was elicited at the
inquest.
The jury was composed of W. B. Hall, C. C. Applegate and Hon. Laurel Summers.
There was a large crowd in attendance at the investigation, which was held in
the Galt house, where the murdered man boarded, and which was the scene of the
tragedy. J. Davenport and Capt. Van Sant, who were passengers on the Red Wing
with the murderer and his victim, testified as to the quarreling of the parties
on board between this city and LeClaire, and to the striking of Russell in the
face by Herman. They had been playing cards on the boat, but the quarrel did
not originate in that, but they believe, over the merits of each as cooks. S.
R. Hitchcock testified as to Russell’s coming into his saloon, and telling him a
man struck him in the mouth and he would have satisfaction for it; and George
Williams testified that he heard Russell say in Hitchcock’s saloon that “he
would be even with that man that struck him, if it cost him his life.” Dr.
McCleery testified as to the nature of the wound that caused death.
D. A. Gault testified that after the firing he found two pieces of brick on
the porch. After some further unimportant testimony, the prisoner made the
following statement:
Am aged 23; live in St. Louis; father and mother are from Switzerland; mother
living in Missouri; I have known James Russell about four years; known him
intimately for two years; up to this time I have been cook on the steamer Van
Sant; left Davenport for this place yesterday; James Russell and I came up here
on the Red Wing as passengers; we had a quarrel about cooking; he said he was
the best cook on the river; I laughed at him, and he hit me with his fist and
kicked me; I returned the blow with my hand, striking him on the mouth; the
bar-keeper and Capt Hight parted us, and we all drank together, and we had no
more trouble on the boat.
After we landed I came to the Gault House, put my carpet-sack away, or rather
handed it to Mr. Gault, and then went out on the porch and sat down on a chair.
I was half asleep, and in about 15 minutes Russell came up and struck me with a
brick or rock, I should judge, which knocked me off the chair, and struck me
again after I fell. As soon as I could pull my pistol from my pocket, he
standing near me, I shot him. He at ounce started to run, and I arose and shot
him again, and he fell in the doorway. Neither of us said a word during the
whole time. I gave myself up to the Marshall when he arrived and came up to
me. I thought he was going to kill me, and I killed him to prevent it. I never
had any trouble with him before. I felt my liquor, but was not drunk; knew what
I was doing. The pistol was a Smith & Wesson 6-shooter.
The jury returned the following
VERDICT:
That James Russell came to his death by a pistol shot in the neck, severing
the carotid artery of right side, at the hands of Chas. Herman, and feloniously.
Herman was brought to this city this afternoon, and turned over to the Sheriff.
He is somewhat reticent, but feels confident that he will be acquitted. The
papers in the case were given into the hands of the grand jury and they will
proceed at once with their investigation.
Davenport Daily Gazette, , Friday Morning, October 8, 1975, page 4.
DAVENPORT BRIEFS
Charles Herman, who killed James Russell at Le Claire, and was adjudged guilty
of murder by the Coroner’s jury, was brought to jail yesterday morning by
Marshall Van Duzer of Le Claire. He has engaged W. A. Foster as counsel.
The Davenport Democrat, Tuesday, February 1, 1876, page 1.
DISTRICT COURT
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The Murder of James Russell--Arrangement of Charles Herman, Account of the
Crime--He Pleads “Not Guilty”-The Names of the Jury.
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At 2 P. M. the case of Charles Herman, indicted for the murder of James
Russell, was called. The prisoner with his counsel, Mr. W. A. Foster, was in
court. On being arraigned, a plea of “not guilty” was entered.
The work of empanelling a jury was at once begun, and there being but little
objections offered, and only a few challenges, twelve men were secured by three
o’clock. Their names are as follows:
Leander Lambert ………………………..Davenport
Henry Madden ……………………………Winfield
Adam Abt ………………………………..Davenport
Wesley Van Duzen ……………………….Princeton
C. E. Pickering …………………………..Davenport
G. F. Kuestmann …………………………Davenport
Jno. Brosck ………………………………Davenport
Herman Trimer …………………………..Davenport
T. T. Manbe ………………………………Davenport
Chas. Bell ………………………………...Davenport
Dexter Yale ……………………………….Davenport
Frank Mason ……………………………..Davenport
Our readers will recollect that the deceased and Chas. Herman--both of them
cooks on raft steamers,--were on the day of the murder last summer, drinking
together in this city, and towards evening, both went aboard of one of the
packet steamers to go to their homes in Le Claire. On the way up they had a
quarrel as to which of them was the best cook on the river, resulting in the lie
being passed, and a blow being struck. The parties boarded at the Galt House in
Le Claire and it was on the front porch of the hotel that the final rencontre
took place, ending in the death of Russell. The coroner’s jury rendered a
verdict that death was caused by a pistol ball fired from a revolver by Chas.
Herman, and the prisoner was removed to the jail in this city. He was
subsequently indicted by the grand jury--they finding a true bill.
The District Attorney, Ellis, read the indictment to the jury at 3 o’clock,
and made the opening speech for the State.
Dr. McCrary was examined by the prosecution to show the death of defendant,
and the cause of the same. He also testified to an injury received by
defendant, his nose being broken with some blunt instrument, probably a brick or
stone. At the conclusion of his evidence the court adjourned till to-morrow
morning at 9 A. M.
Davenport Daily Gazette, Wednesday Morning, February 2, 1876, page 4.
THE HALLS OF JUSTICE
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Opening of the February Term of the District Court-
Prompt Commencing of business-
Docket Called-Juries Impaneled.
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TRIAL FOR MURDER
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A MURDER TRIAL was then commenced--the
case of the State vs. Charles Herman, indicted for the murder of James Russell.
The tragedy occurred at LeClaire on the night of the 5th day of last October.
Full particulars were given in the Gazette of the next morning, and the facts
are familiar to nearly all our readers.
Herman and Russell were both professional
cooks--on raft steamers. The afternoon on the day named, they left this city on
the steamer Red Wing for Le Claire. Both became intoxicated and had a fight on
the boat. After dark, Herman took some drink at a saloon in LeClaire, and soon
after went to sleep in a chair on the porch in front of the Gault House. Soon
the inmates heard a pistol shot, the landlord ran out, and there was Russell
lying across the door still, dead and Herman standing facing him, covered with
blood, and with revolver in hand. He was arrested, brought here to jail next
day, and has been confined ever since.
The jury was impaneled and sworn as
follows:
Frank Mases Dexter Yale
Charles Bell F. T. Rasbe
Herman Trimer John Branch
Geo. F. Knostman C. F. Pickering
Wigley Van Duzen Adam Abt
Benny Madden Leander Lambert
District Attorney Ellis presented the
theory of the prosecution. W. E. Foster, counsel for the prisoner--with Jackson
Hirschl as associate--presented the theory of the defense, which was that the
killing was done in self defense; that Russell came up and commenced an assault
upon Herman, with a brick.
The first witness was Dr. McCrary who was
at the Gault House a few moments after the deed was committed. He testified as
to the pistol ball wound in Russell’s neck, which killed him, and as to the
wound in Herman’s nose--a three cornered hole, the bones being fractured so that
he could run his probe right down through the nostrils. The wound might have
been made with a brick.
Court adjourned till 9 this A. M.
The Davenport Democrat, Wednesday,
February 2, 1876, page 1.
District Court.
Three witness were examined up to the noon adjournment,
in the Russell murder case, vis: W. G. Gault, John Davenport, and Jacob Bergan.
The testimony enlisted was relative to the quarrel of the men on the “Red Wing,”
what was said by Russell and Herman in the saloon at LeClaire on their way to
the Gault House; the fact of the shooting, and Herman’s admission that “I shot
him because he shot at me, “ and a few other points, as to Herman being sitting
on the porch in front of the Gault House, asleep, when Russell came down
stairs, etc.--all of which is about the same as published in the Democrat at the
time of the tragedy. It was expected that the testimony for the State would be
concluded this evening.
The Davenport Daily Gazette, Thursday
Morning, February 3, 1876, page 4.
THE TRIAL FOR MURDER!
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The Character of the Evidence Yesterday--Herman’s Innocence of the Crime Made
Very Clear--The Jury Render a Verdict Without Leaving Their Seats.
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The trial of John (Charles) Herman for the
murder of James Russell was resumed yesterday morning, with the court room full
of spectators. The prisoner, a well built, fine looking man, was accompanied by
his wife and young child, who had arrived from Hannibal, their home. The lady’s
face indicated a good deal of suffering from care and anxiety. She eyed every
witness closely, and followed the testimony with intent interest.
There is no need on giving a synopsis of the
testimony. The facts were detailed by the witnesses for the State substantially
as heretofore given in the Gazette. None of the witnesses offered any evidence
of deliberate, premeditated killing--on the contrary every fact stated was
against such theory, while the testimony made it very clear that Herman shot
Russell in self defense. It was shown that Russell, ugly drunk, had pondered
over the quarrel on the steamboat till thoroughly enraged, and then went in
quest of Herman, utter threats against him in the ears of all his acquaintances
who met him. For instance, Wesley Rambo testified that he met Russell near the
Gault House, and that the latter said, “I’ll fix the --- -- - -----, or similar
words; witness went into the Gault House, and two minutes after two shots were
fired, and then followed the discovery of Russell dead on the porch, and Herman
standing over him. All the circumstances went to prove Herman’s statement--that
he was asleep in a chair, that Russell came up and either shot him or mashed his
nose with a brick; that he started up from his sleep, pulled his revolver, and
fired at Russell, not knowing who he was, for it was quite dark.
At the conclusion of the testimony, at 4 o’clock
District Attorney Ellis said to the jury that no evidence had been offered that
convinced him that Herman was guilty of murder, and he shouldn’t ask the jury to
bring in a verdict of guilty. He hinted that he believed that Herman did what
he did in self-defense. Judge Hayes said there was no necessity of any
instructions from him, he presumed they were unanimous in their opinion; each
member of the jury responded affirmatively, and the verdict of not guilty was
returned forthwith, none of the jurors leaving their seats. Mrs. Herman’s face
lighted up with joy--in two minutes she seemed different from the woman who
entered court in the forenoon. Herman’s acquaintances crowded up for “a shake”
which was given heartily, and everyone seemed pleased.
Herman and his wife left for Hannibal last evening.
The Davenport Democrat, Thursday, February
3, 1876, page 1.
CHARLES HERMAN ACQUITTED.
It was very evident to all who heard the testimony in the Russell murder case
yesterday, especially in the afternoon, that Herman would be acquitted on the
grounds of self defense, of the murder of James Russell, in LeClaire, on the 5th
of October, 1875. There was nothing tending to show that it was a premeditated
affair, but strongly pointing to the deceased as the aggressive party in the
fatal recontre which resulted in his death. At 4 o’clock, when all the
testimony for the prosecution was in, and before a single witness for the
defense was called, District Attorney Ellis addressed the jury, telling them
that as no evidence had been elicited tending to establish the crime of murder,
it was unnecessary to proceed further in the case. They did not need any
instructions from the him. Judge Hayes also thought it was unnecessary for him
to charge them, under the circumstances, as he presumed they already had their
minds made up, to which they responded in the affirmative. Without leaving
their seats they returned a verdict of “not guilty,” and Charles Herman was
declared a free man once again. His friends immediately crowded around to
congratulate him, prominent among them were his counsel, Messrs. Foster and
Hirschl, while his wife, who, with the their little daughter, sat beside him
during the trial, was almost overcome with the sense of relief, joy beaming in
her face, while tears of gladness streamed down her checks. Mr. Herman and
family left for Hannibal last evening, their former home.
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